I am asking for general information only. YANML
Suppose I have a business idea, and what I believe is the mother of all business names. How do you go about legally registering that business name considering that it may be a couple of years before I can bring a product to market?
Can I do this on the federal level far nationwide trademark or do I have to register on the state level, or both?
I realize that I might have the terms TM/C mixed up. Fight my ignorance on that.
What I really need to know is which government agency to contact. Do I need professional legal help? How much should this cost?
If you have the “mother of all business names” its very likely that it may not be registerable as a trademark because it is too descriptive of the actual service supplied.
Anyway, to protect the name, assuming it is protectable, you should talk to a trademark attorney or trademark agent. You’ll also want to secure the domain name.
It will probably cost you between 1000 and 5000 US dollars depending on who you go to and how difficult it all is.
The Small Business Administration has advice on this.
I have two DBAs. Took a few minutes to fill out a form and a payment of $35 each. After you have one a bank will allow you to start an account under that name, you can use it for a post office box, and lots of other useful things.
When you start your business you may need to get a trademark or service mark. That will be more costly, as Isamu indicates.
And a general nitpick.
The word is copyright, as in the right to control copying. It has nothing to do with writing, since copyright can apply to any medium, including music, photography, film, dress designs, architectural drawings, maps, and many more.
If you have evidence that you have genuine plans to use a mark in commerce (i.e., tied to the provision of goods or services) you can file an “intent to use” application with the Patent and Trademark Office.
You can also register your business name with the state government. It depends on the state, but in many states, business name registrations are handled by the secretary of state.
As others have said, you should consult a lawyer.
You can register a nationwide trademark with the Patent and Trademark Office, but your geographic rights might still be restricted based on the actual extent of your business.
Most states also allow you to register trademarks. Whether you should do either or both is something that competent counsel can tell you.
You can also build up trademark rights without registering at all. Unregistered trademarks are protected at both the federal and state levels.
Trademark law pertains to the use of a mark (usually words or images) that is used in commerce to identify the source of goods or services.
Copyright law pertains to a series of exclusive rights in an original, creative work of expression, like a book or a movie or a musical composition.